Smt Javaramma v. the State of Karnataka
Case brief
What is this about?
Petitioners displaced by KRS Dam submergence sought alternative lands; Deputy Commissioner had not rejected applications but referred them for Tahasildar endorsement which was rejected. Court held Deputy Commissioner was proper authority, quashed endorsements, and directed him to consider applications within four months.
What did the court decide?
Impugned Endorsements dated 22.08.2017 quashed; liberty to petitioners to submit representations to Deputy Commissioner within 4 weeks; decision to be given within 4 months.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 19758/2019 (KLR/LG)
BETWEEN :
- SMT. JAVARAMMA AGED ABOUT 74 YEARS, W/O MANCHA NAIKA,
- SRI HONNAPPA NAIKA AGED ABOUT 62 YEARS, S/O LATE KEMPAINA KALA NAIKA,
- SRI SIDDANAIKA AGED ABOUT 65 YEARS, S/O LATE KALA NAIKA,
- SRI SHIVANNA NAIKA AGED ABOUT 60 YEARS, S/O LATE ARJUNAHALLY JAVARANAIKA,
- SRI SIDDANAIKA AGED ABOUT 65 YEARS, S/O LATE HALE BEEDU SIDDANAIKA,
Issues for consideration
3 issues framed by the court
Whether the Deputy Commissioner was the proper authority to decide the petitioners' application for grant of alternative lands after their displacement due to dam submergence.
Whether the impugned Endorsements dated 22.08.2017 issued by the Tahasildar were impermissible when no compensation was paid for the submerged lands.
Whether the writ petition should be allowed quashing the endorsements with liberty to approach the Deputy Commissioner.
Parties & counsel
- petitioner
SMT. JAARAMMA AGED ABOUT 74 YEARS, W/O MANCHA NAIKA AND OTHERS
- respondent
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE
- respondent
THE DEPUTY COMMISSIONER MYSURU DISTRICT
- respondent
THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION
- respondent
THE THASILDAR HUNSUR TALUK
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- WP/19758/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court